SC Bar

Prior Planning. All lawyers owe their clients a duty to make arrangements to provide for the client's interest in the event of the lawyer's death, disability, impairment, or incapacity. If the sole practitioner has not properly provided for such events, obvious consequences would include client complaints, delays, staff confusion, and misdirection. In turn, these circumstances might lead to grievances, breaches of duty, and malpractice claims.

 

Sole practitioners should have a written plan addressing what will happen to client matters upon the lawyer's death, disability, impairment, or incapacity. The plan should be stored in a safe, but readily available, location and shared with all firm members, including support staff, lawyers of counsel, and associates. Forms: Agreement to Close Law Practice, Limited POA, and Sample Will Provisions.

 

Most commercial malpractice carriers require lawyers to make prior arrangements, and prior planning can reduce future malpractice claims against the lawyer or the lawyer's estate.

 

Rule 1.4 SCRPC, requires that lawyers keep clients reasonably informed about their cases and explain matters to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

 

A lawyer contemplating a transition arrangement should incorporate notice to current clients. One way to handle client notice is to include a statement in the Engagement Letter or fee agreement.